Manjit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.78645 of 2019 Arising Out of PS. Case No.-44 Year-2018 Thana- UNIVERSITY District- Muzaffarpur ====================================================== MANJIT KUMAR Son of Sri Mishri Lal Chaudhary Resident of Village - Kanhauli, Police Line, B.M.P.-6, P.S.- Mithanpura, District- Muzaffarpur ... ... Petitioner

Versus

The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Kumar Kaushlendra Mr. Ashok Kumar Singh For the Opposite Party/s :

Mr.Anil Kumar Singh No. 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 03-12-2019 Heard learned Counsel for the petitioner and the learned APP for the State.

The petitioner, who is in custody, seeks bail in a case registered under Section 406, 409, 467, 468, 420 and 120B/34 of the Indian Penal Code in connection with University PS Case No. 44 of 2018.

Counsel for the petitioner submits that he has been implicated on the basis of statement of co-accused Amit Pandey. He draws attention of the court towards order dated 26.8.2019 passed in Cr. Misc. No. 51828 of 2019 whereby said Amit Pandey has been allowed bail. It is submitted that the petitioner was only a daily wage employee and had no role to plain in marking or tabulation process and therefore is beyond the

Patna High Court CR. MISC. No.78645 of 2019(2) dt.03-12-2019 2/2 purview of allegation levelled in the FIR.

Learned APP opposes the prayer for bail.

The petitioner as per averments made in the application has no criminal antecedent and is in custody since 4.10.2019.

In the facts and circumstances of the case, prayer for bail of the petitioner is allowed. Let the petitioner above named be released on bail on his furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of ACJM VIII Muzaffarpur in University PS Case No. 44 of 2018subject to the conditions:- (I) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the petitioner. (ii) That the petitioner will be well represented on each date in the trial and if he fails to do so on two consecutive dates, his bail will be liable to the cancelled.

(Madhuresh Prasad, J) SNkumar/- U T